HFC-No Agreement? - Amended defence help please **WON**

[patrickq1]

well done rob another application victory

patrickq1

[jb07]

well done rob, I admire youre staying power

cheers xx

[Hopeful1]

Hi All

 

Well today brings another welcome result!

 

Another envelope arrived in the post from Restons marked URGENT - NOT A CIRCULAR as per usual, only this time it contained a cheque for my costs!

 

They have paid up in full without any argument (and included the amount which had been outstanding for the hearing of 22 May 2008 and which I had added to the schedule of costs). Which now leaves me wondering maybe I should have claimed more than I did!

 

Anyway, I got the amount I claimed, so that's that.

 

I'm off now to pay the cheque in to my BS account so that it clears ASAP, after which I'll be making a further donation to CAG!

 

I'll then be considering my next moves regarding getting the alleged agreement declared unenforceable, and possibly getting any defaults removed from the CRA records (not checked them yet though).

 

Cheers

Rob

 

PS

 

Forgot to mention, the cheque was a RESTONS (not HFC) cheque! :D

 

Cheers

Rob

 

You're just too good Well done!

[robcag]

Hi All

 

Following Bugs report this morning of receiving a NoA from Marlin/Phoenix regarding her HFC account, guess what I'm about to say?

 

Well you'd be almost right as I've just received TWO yes, 2, NoA from the same monkeys (both dated 24th June with Assignment dates of 20th May 2008 )!

 

One is regarding the account which this thread has been about, and which I wouldn't be worried about on its own. However the second NoA is regarding my other HFC account which already has a judgement and final charging order against it, and which is the subject of another thread of mine here http://www.consumeractiongroup.co.uk/forum/legal-issues/143637-getting-judgement-set-aside.html

 

Both also have an 0871 number to make contact regarding payment which I definitely won't be calling.

 

Obviously I won't be making payment on this threads account, but things might be a little tricky on the other one.

 

This also looks like it might complicate things somewhat regarding my intended set-aside application, and also regarding the payments which I had been making which were only £2.22 per month as agreed by Restons last year. Hmm....

 

Going out for a bit, but I'll return to the game soon.

 

Cheers

Rob

Edited June 27, 2008 by robcag
added 'per month'

[Bug]

both dated 24th June with Assignment dates of 20th May

 

I've just re-read my letter, Rob and the dates are the same as yours .... I was a bit over-tired I think earlier...

 

Assignment date 20th May, letter dated 24th June .... and the same 0871 number - carbon copy apart from our personal details then.

[robcag]

Hmm...

 

Somethings not quite right with an assignment date of 20th May 2008.

 

I was in court (as reported further up this thread) at an application hearing called by HFC/Restons on 22 May 2008 and during his waffling the barrister employed by Restons went to great pains to explain to the Judge that the reason for HFCs tardiness and non-compliance with previous orders was the fact that the sale of this account was being negotiated (as outlined in Restons letter to the court). He then went on to say that it had been decided not to sell this account and that was why HFC/Restons were trying to get their application passed.

 

So either the barrister was telling more porkies than I thought, or the date on the NoA is false, or possibly both.

 

I've still got my thinking cap on, and one or two ideas are coming through...

 

Cheers

Rob

[pt2537]

right then

 

BATTLE TIME AGAIN eh?

 

i think a carefully worded letter telling them to go forth and multiply is in order

[robcag]

Hi Paul

 

It's not so much this case I'm slightly worried about, but the other one (as explained in post #355 above) where HFC already had a judgement and charging order against me and which I had previously been paying only £2.22 (on Restons agreement) for the past year on a judgement amount of approximately £10400.

 

Although the set-aside application may or may not be more complicated now, if anything this could be the catalyst (read kick up the a55) needed to get moving on this.

 

Cheers

Rob

Edited June 27, 2008 by robcag
typo

[Bug]

So either the barrister was telling more porkies than I thought

 

...same thing at my hearing too but as I said on my thread the sol told the judge to ignore the letter that had gone to the court....

 

wonder what they're up to?

[robcag]

Something else which has just occurred to me... aren't we also supposed to receive a NoA from HFC? :?

 

Also how are to we to know whether the NoA from Marlin/Phoenix has been done properly etc. and what status it has? :?

 

Cheers

Rob

[robcag]

Hmm...

 

Somethings not quite right with an assignment date of 20th May 2008.

 

I was in court (as reported further up this thread) at an application hearing called by HFC/Restons on 22 May 2008 and during his waffling the barrister employed by Restons went to great pains to explain to the Judge that the reason for HFCs tardiness and non-compliance with previous orders was the fact that the sale of this account was being negotiated (as outlined in Restons letter to the court). He then went on to say that it had been decided not to sell this account and that was why HFC/Restons were trying to get their application passed.

 

So either the barrister was telling more porkies than I thought, or the date on the NoA is false, or possibly both.

 

I've still got my thinking cap on, and one or two ideas are coming through...

 

 

...same thing at my hearing too but as I said on my thread the sol told the judge to ignore the letter that had gone to the court....

 

wonder what they're up to?

 

With reference to the points quoted above, particular to my case at least, remembering that in my case HFC/Restons 'discontinued';

 

I'm wondering if HFC/Restons are going to claim that they discontinued not because they could not win as matters stood, (as they had previously admitted in their letter to the court), but because the debt had been assigned to Marlin/Phoenix on the 20th May 2008.

 

However, this argument (if they ever used it), would not seem to hold water as there is the overlap between the claimed date of assignment (20/5/08 ) and the appearance at the court (22/5/08 ) for the application hearing.

 

The bind moggles. :?

 

Cheers

Rob

[robcag]

Hi Bug (replying to you on this thread when I could just as well do so on yours)

 

If you are at all bothered by your NoA, I've just been reminded by Caro and Paul over on zhanzhibars thread of the following;

 

the rights to assign a debt to a third party is normally contained within the original contract much like the rights to vary terms and conditions etc

 

so i would have to agree with caro , they cant assign a debt that they cant prove

 

As I said above, I'm not particularly bothered about this threads alleged debt, but it might give me another string to my bow regarding the other account with the CCJ/CO already applied.

 

Then again, things might work differently after judgement :?

 

Cheers

Rob

[Bug]

they cant assign a debt that they cant prove

 

I suppose that makes sense when you think about it, otherwise any Tom, Dick or Harriet could come along and say 'hey I've bought your debt from so-and-so, pay me £xx now'. If you and I have got our letters within a day of each other then they must be sending out loads.

Edited June 27, 2008 by Bug
rubbish typing

[goorooji]

Hi guys just to join the club, have also received a NoA from Marlin/Phoenix regarding HFC account.

 

I will be posting on my own thread regarding my summary judgement any input would be much appretiated.

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/135558-help-court-summons-restons-6.html?highlight=goorooji

[Hopeful1]

Is this just happening to people where Restons are dealing with the cases?

 

And are all the accounts being passed to Merlins or different people?

[zhanzhibar]

Is this just happening to people where Restons are dealing with the cases?

No Hopeful1 I think its a mass offload by HFC to Marlin/Phoenix. My case is with Weightmann And are all the accounts being passed to Merlins or different people?&now they have send me NoA saying the debt is now sold to Phoenix.

 

Something not quite right here don't you all think?

[robcag]

Hi H1

 

I don't think anybody's really sure what's going on but I did do a search to find all threads with 'Marlin' in the title and I found someone else (also HFC/Restons) who's had the same thing happen today. If you read that thread (and 'read between the lines') you may pickup on an interesting point. http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/149821-hfc-bank-restons-marlin.html?highlight=marlin

 

I'm going to assume certain things for the time being and work on a cunning plan (except that I've now said that on here!).

 

Unneccessary and strange as it may seem, I'm going to start by doing a CCA request for each of my 2 accounts which I've received a NoA for today.

 

Cheers

Rob

[Hopeful1]

 

Unneccessary and strange as it may seem, I'm going to start by doing a CCA request for each of my 2 accounts which I've received a NoA for today.

 

I'm intrigued! I'm off to read those links now.

 

I'll also look at your thread again Zhanzihbar. I just wish i could find something untoward with mine!!

[pt2537]

HI Rob,

 

Can i just confirm a couple of things as this is really interesting and my be worth a complaint under the CPUT regs that have just come into force

 

Did you actually get an order from the court for costs when the case was dismissed?

 

what was the actual date of assignment ?

 

what was the date of hearing?

 

If you could let us know, that would be great

 

Cheers

 

Paul

[robcag]

Hi Paul

 

Thanks for looking in again!

 

HI Rob,

 

Can i just confirm a couple of things as this is really interesting and my be worth a complaint under the CPUT regs that have just come into force You've lost me there Paul

 

Did you actually get an order from the court for costs when the case was dismissed?

Not forgetting the case was not dismissed, but HFC/Restons application was dismissed. The claim actually ended by discontinuance.

However, at the application hearing the Judge granted an UNLESS order (which was obviously not complied with), see section 2 on the document below.

 

 

what was the actual date of assignment ?

allegedly (according to the NoA) this was 20th May 2008 (2 days before the application hearing ). I will upload the NoA if you want to see it.

 

what was the date of hearing?

the application hearing (called by HFC/Restons) was 22 may 2008

 

 

Cheers

Rob

Edited June 28, 2008 by robcag
forgot to sign!

[pt2537]

Cheers Rob

 

Ah yes they gave up i remember now

 

Right, CPUT = Consumer Protection from Unfair Trading see here http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/146460-consumer-protection-unfair-trading.html

 

thanks for the info, i will pass this on to the powers that be;)

[robcag]

Hi Paul

 

As they discontinued, I understand they would find it difficult to start again on the same material facts, as I believe they would need to get the courts permission to do so, which I believe would be very unlikely.

 

However, if HFC then assign or sell the alleged debt, does this also prevent another DCA/Creditor starting litigation on the same facts?

 

Cheers

Rob

[pt2537]

Hi Paul

 

As they discontinued, I understand they would find it difficult to start again on the same material facts, as I believe they would need to get the courts permission to do so, which I believe would be very unlikely.

 

However, if HFC then assign or sell the alleged debt, does this also prevent another DCA/Creditor starting litigation on the same facts?

 

Cheers

Rob

Yes, leave from the court would still be required and given the problems that restons encountered with regards to enforcing this agreement in the first case, id say let em be foolish and try again as they are on a hiding to nothing

 

the word Vexatious litigant springs to mind if they did start a new claim

[conar686]

As I said on bugs thread HFC have a judgment and an order on my property, gained pre-cag, which I'm going to get set aside once the banks 'charges' case is completed.

 

Would M arlins not have to go back to court to get the payment of the judgement changed from R estons to them. I'd welcome this as they'll have about as much success at delivering an enforceable agreement as R estons.

 

As we've not had owt from HFC are they not in breach of the Data Protection Act.

 

Wrote my 'narf orf' letter and emailed it ot their addr which doesn't work.

 

Informed my case offr @ Glos TS of events

[cashins]

As we've not had owt from HFC are they not in breach of the Data Protection Act.

 

Wrote my 'narf orf' letter and emailed it ot their addr which doesn't work.

 

 

I have given up on this lot with their dodgy addresses and postcodes, (snailmail) and send everything to Winkfield.

 

David